TERMS OF SERVICE
The use of services from Freewheel, Inc. [hereafter referred to as
"Freewheel"] constitutes agreement to these terms.
1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or
our payment partner(s) have screened the order(s) in case of fraud.
It is your responsibility to provide us with an email address which
is not @ the domain(s) you are signing up under. If there is ever an
abuse issue or we need to contact you, the primary email address on
file will be used for this purpose. It is your responsibility to ensure
the email address on file is current or up to date at all times. Providing
false contact information of any kind may result in the termination
of your account.
All services provided by Freewheel may only be used for lawful purposes.
The laws of the State of Florida, the State of Texas, and the United
States of America apply.
The customer agrees to indemnify and hold harmless Freewheel from any
claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is
prohibited. This includes but is not limited to unauthorized copying
of music, books, photographs, or any other copyrighted work. The offer
of sale of any counterfeit merchandise of a trademark holder will result
in the immediate termination of your account. If you believe that your
copyright or trademark is being infringed upon, please contact us with
the information required. If the request is of a licensing issue, we
may require further documentation.
Examples of unacceptable material include:
IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, ".img"
/ image hosting only sites that do not host an actual domain name, Escrow,
High-Yield Interest Programs(HYIP), Bank Debentures, Bank Debenture
Trading Programs, and Prime Banks Programs, lottery sites, muds / rpg's,
hate sites, hacker focused sites/archives/programs, sites promoting
We reserve the right to refuse service to anyone. Any material that
in our judgment that is obscene or threatening is prohibited and will
be removed from our servers with or without notice.
Failure to respond to email from our abuse department within 48 hours
may result in the suspension or termination of your services.
If in doubt regarding the acceptability of your site or service, please
contact us and we will be happy to assist you.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed
under your account are secure and permissions of directories are set
properly, regardless of installation method. When at all possible, set
permissions on most directories to 644 or as restrictive as possible.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail,
bulk emailing, and spam. "Safe lists" and "double opt-in"
will be treated as spam. Any user who sends out spam will have their
account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers.
This provision includes, but is not limited to SPAM sent via fax, email,
instant messaging, or usenet/newsgroups.
Freewheel reserves the right to require changes or disable as necessary
any web site, account, database, or other component that does not comply
with its established policies, or to make any such modifications in
an emergency at its sole discretion.
Freewheel reserves the right to charge the holder of the account used
to send any unsolicited e-mail a clean up fee. This cost of the clean
up fee is entirely at the discretion of Freewheel.
4.) Payment Information
You agree to supply appropriate payment for the services received from
Freewheel, in advance of the time period during which such services
are provided. You agree that until and unless you notify Freewheel of
your desire to cancel any or all services received, those services will
be billed on a recurring basis. Cancellations must be done in writing
via the cancellation form provided.
Freewheel reserves the right to change the monthly payment amount and
any other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your sole risk. Freewheel is not responsible
for files and/or data residing on your account. You agree to take full
responsibility for files and data transferred and to maintain all appropriate
backup of files and data stored on Freewheel servers.
6.) Cancellations and Refunds
Freewheel reserves the right to cancel the account at any time with
or without notice.
Any abuse of our staff in any medium or format will result in the suspension
or termination of your services.Customers may cancel at any time via
a cancellation form. Freewheel gives you an unconditional 30 day money
back guarantee on managed hosting, and reseller solution's. There are
no refunds on dedicated servers, administrative fees, install fees for
custom software, or domain name purchases. Refund requests after 30
days will be refunded on a prorated basis of any unused time.
Violations of the Terms of Service will waive the refund policy.
7.) Resource Usage
User may not:
a) Use 25% or more of system resources for longer then 90 seconds. There
are numerous activities that could cause such problems; these include:
CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications that require
server resources. Remotely-hosted services are fully allowed.
c) Run stand-alone, unattended server-side processes at any point in
time on the server. This includes any and all daemons, such as IRCD.
d) Run any software that interfaces with an IRC (Internet Relay Chat)
e) Run any bit torrent application, tracker, or client.
f) Participate in any file-sharing/peer-to-peer activities
g) Run any gaming servers such as counter-strike, half-life, battlefield1492,
h) Run cron entries with intervals of less than 15 minutes
8.) Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies
depending on the hosting package you purchase. Should your account pass
the allocated amount we reserve the right to suspend the account until
the start of the next allocation, suspend the account until more bandwidth
is purchased at an additional fee, suspend the account until you upgrade
to a higher level of package, terminate the account and/or charge you
an additional fee for the overages. Unused transfer in one month cannot
be carried over to the next month.
9a.) Money back Guarantee
On dedicated servers and colocation no full refund will be honored --
the 30 day money back guarantee does not apply. We reserve the right
to refund a prorated amount or no refund at all.
Each of Freewheel's managed servers carry a 30 day unconditional money
back guarantee on them. If you are not completely satisfied with our
services within the first 30 days of your service, you will be given
a full refund of the contract amount. Remember, this is only for monthly
shared or reseller packages and does not apply to dedicated servers,
administrative fees, install fees for custom software, or domain name
9b.) Uptime Guarantee
If your shared / reseller server has a physical downtime that is not
within the 99.9% uptime you may receive one month of credit on your
account. Approval of the refund is at the discretion of Freewheel dependant
upon justification provided. Third party monitoring service reports
may not be used for justification due to a variety of factors including
the monitor's network capacity/transit availability. The uptime of the
server is defined as the reported uptime from the operating system of
the server which may differ from the uptime reported by individual services.
To request a refund, please contact Freewheel with justification. All
requests must be made in writing via email. Uptime guarantees only apply
to shared / reseller solutions. Dedicated servers are covered by a network
guarantee in which the refund is prorated for the amount of time the
server is down which is not related to our uptime guarantee.
10.) Reseller: Client Responsibility
Resellers are responsible for supporting their clients. Freewheel does
not provide support to our Reseller's Clients. If a reseller's client
contacts us, we reserve the right to place the client account on hold
until the reseller can assume their responsibility for their client.
All support requests must be made by the reseller on their client's
behalf for security purposes. Resellers are also responsible for all
content stored or transmitted under their reseller account and the actions
of their clients. Freewheel will hold any reseller responsible for any
of their clients actions that violate the law or the terms of service.
11.) Price Change
The amount you pay for hosting will never increase from the date of
purchase. We reserve the right to change prices listed on Freewheel.net,
and the right to increase the amount of resources given to plans at
Customer agrees that it shall defend, indemnify, save and hold Freewheel
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorney's fees asserted against Freewheel, its
agents, its customers, officers and employees, that may arise or result
from any service provided or performed or agreed to be performed or
any product sold by customer, its agents, employees or assigns. Customer
agrees to defend, indemnify and hold harmless Freewheel against liabilities
arising out of; (1) any injury to person or property caused by any products
sold or otherwise distributed in connection with Freewheel; (2) any
material supplied by customer infringing or allegedly infringing on
the proprietary rights of a third party; (3) copyright infringement
and (4) any defective products sold to customers from Freewheel's server.
Freewheel shall not be responsible for any damages your business may
suffer. Freewheel makes no warranties of any kind, expressed or implied
for services we provide. Freewheel disclaims any warranty or merchantability
or fitness for a particular purpose. This includes loss of data resulting
from delays, no deliveries, wrong delivery, and any and all service
interruptions caused by Freewheel and its employees.
14.) Disclosure to law enforcement
Freewheel may disclose any subscriber information to law enforcement
agencies without further consent or notification to the subscriber upon
lawful request from such agencies.
We will cooperate fully with law enforcement agencies.
15.) Changes to the TOS
Freewheel reserves the right to revise its policies at any time without